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Caluza Triangle defines what is necessary for service connection
Tbird posted a record in VA Claims and Benefits Information,
Caluza Triangle – Caluza vs Brown defined what is necessary for service connection. See COVA– CALUZA V. BROWN–TOTAL RECALL
This has to be MEDICALLY Documented in your records:
Current Diagnosis. (No diagnosis, no Service Connection.)
In-Service Event or Aggravation.
Nexus (link- cause and effect- connection) or Doctor’s Statement close to: “The Veteran’s (current diagnosis) is at least as likely due to x Event in military service”-
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Tbird, -
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Post in ICD Codes and SCT CODES?WHAT THEY MEAN?
Timothy cawthorn posted an answer to a question,
Do the sct codes help or hurt my disability ratingPicked By
yellowrose, -
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Post in Chevron Deference overruled by Supreme Court
broncovet posted a post in a topic,
VA has gotten away with (mis) interpreting their ambigious, , vague regulations, then enforcing them willy nilly never in Veterans favor.
They justify all this to congress by calling themselves a "pro claimant Veteran friendly organization" who grants the benefit of the doubt to Veterans.
This is not true,
Proof:
About 80-90 percent of Veterans are initially denied by VA, pushing us into a massive backlog of appeals, or worse, sending impoverished Veterans "to the homeless streets" because when they cant work, they can not keep their home. I was one of those Veterans who they denied for a bogus reason: "Its been too long since military service". This is bogus because its not one of the criteria for service connection, but simply made up by VA. And, I was a homeless Vet, albeit a short time, mostly due to the kindness of strangers and friends.
Hadit would not be necessary if, indeed, VA gave Veterans the benefit of the doubt, and processed our claims efficiently and paid us promptly. The VA is broken.
A huge percentage (nearly 100 percent) of Veterans who do get 100 percent, do so only after lengthy appeals. I have answered questions for thousands of Veterans, and can only name ONE person who got their benefits correct on the first Regional Office decision. All of the rest of us pretty much had lengthy frustrating appeals, mostly having to appeal multiple multiple times like I did.
I wish I know how VA gets away with lying to congress about how "VA is a claimant friendly system, where the Veteran is given the benefit of the doubt". Then how come so many Veterans are homeless, and how come 22 Veterans take their life each day? Va likes to blame the Veterans, not their system.Picked By
Lemuel, -
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Post in Re-embursement for non VA Medical care.
broncovet posted an answer to a question,
Welcome to hadit!
There are certain rules about community care reimbursement, and I have no idea if you met them or not. Try reading this:
https://www.va.gov/resources/getting-emergency-care-at-non-va-facilities/
However, (and I have no idea of knowing whether or not you would likely succeed) Im unsure of why you seem to be so adamant against getting an increase in disability compensation.
When I buy stuff, say at Kroger, or pay bills, I have never had anyone say, "Wait! Is this money from disability compensation, or did you earn it working at a regular job?" Not once. Thus, if you did get an increase, likely you would have no trouble paying this with the increase compensation.
However, there are many false rumors out there that suggest if you apply for an increase, the VA will reduce your benefits instead.
That rumor is false but I do hear people tell Veterans that a lot. There are strict rules VA has to reduce you and, NOT ONE of those rules have anything to do with applying for an increase.
Yes, the VA can reduce your benefits, but generally only when your condition has "actually improved" under ordinary conditions of life.
Unless you contacted the VA within 72 hours of your medical treatment, you may not be eligible for reimbursement, or at least that is how I read the link, I posted above. Here are SOME of the rules the VA must comply with in order to reduce your compensation benefits:
https://www.law.cornell.edu/cfr/text/38/3.344
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Lemuel, -
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Post in What is the DIC timeline?
broncovet posted an answer to a question,
Good question.
Maybe I can clear it up.
The spouse is eligible for DIC if you die of a SC condition OR any condition if you are P and T for 10 years or more. (my paraphrase).
More here:
Source:
https://www.va.gov/disability/dependency-indemnity-compensation/
NOTE: TO PROVE CAUSE OF DEATH WILL LIKELY REQUIRE AN AUTOPSY. This means if you die of a SC condtion, your spouse would need to do an autopsy to prove cause of death to be from a SC condtiond. If you were P and T for 10 full years, then the cause of death may not matter so much.Picked By
Lemuel, -
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Question
newbe
Hello all~!
I thought someone might benefit from my story. I’m not sure where to begin, but I do feel that sharing this information with others is important.
It wasn’t long ago that I worked in the laboratory at the VA hospital. The hospital will remain nameless; however, I have an extensive science background in the cellular biological sciences. I was asked to perform review lab data directly for the directing Physician. In particular this information came to me when medical students who were taking notes on the floor had to have their work reviewed prior to being entered into the medical charts.
The VA is always backlogged as you all know so processing this stuff became mundane. I noticed after about the 50th doc, that almost every veteran had the same symptom and condition. I was worried but didn’t tell anyone what I thought I’d found, nor spoke to anyone but family until now. I thought nothing of it but coincidence. The next day I processed about forty five more docs and by the end of week found one hundred and ninety one cases of this problem. This is when I began to worry. But who and what would I do about it. Go tell all VETS in the hospital? No way!!!
Even though I’m aware of how to read medical docs, I truly wouldn’t have found this disorder, but was lucky enough to inquire about the sudden emergence of this problem during my last hospital visit a week earlier. The first Physician couldn’t even tell me what it was. The second knew but referred me back to my nurse who said they were lipomas. It’s a small to large fat sac that will suddenly appear out of no where on the trunk, forearms, thighs, ribs, legs and back.
I was told by the primary care nurse who visits many patients day in and out that this was nothing to worry about. I beg to differ; after seeing the medical notations my self I do believe this is related to either the Persian Gulf War or to Vacinaciations given to soldiers. According to clear medical documentation I’ve read in JAMA and on the net lipomas are a primary in older patients over the age of 65 with a history alcohol use and or parents with severe alcohol use. In some cases this may be hereditary, but they are rarely and I mean rarely found in anyone under the age of 65. A genetic predisposition to such ailment is rare and for me to find this many documented cased at a VA hospital in patients under 65yo remains a mystery still.
I bring this small issue to the table first, because there are so many other manifested side effects in VA patients. Side effects that are a constant in all VA medical records, I believe this and other small health things we take for granted or maybe ignore sometimes have been a common problem across state lines.
What’s bothers me about this is that it wouldn’t surprise me if the VA is banking on the fact that we never figure out that there are commonalities in abundance within medical records. I hope this helps. I had approximately 3 lipomas in 1996 and then a gradual increase with a period of spurious growth in 2000 to 35. I’ve had one removed because it became so large; another biopsied (neg for cancer) because they weren’t sure why so many showed up and rapidly.
I’m way under the age of 65 and way too young to see anything like this ruin my life. I hadn’t thought there was anything to this whole thing until I found my 36th lipoma in 2001 fully invading my testicle sac. The VA said it would go away, I have no children – so I’ve been praying and hope this sh%t goes away.
-Thanks
:P
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